An “Outstanding Researcher or Professor” EB-1B immigrant visa is for applicants who are internationally recognized as outstanding in a particular scientific or scholarly field. Unlike self-petitioned EB-1A cases, EB-1B cases are employer sponsored. This means the petitioning employer must demonstrate that the applicant has outstanding ability as a researcher or professor and has a permanent job offer from the employer. The outstanding researcher/professor applicant must have the sponsorship of his/her employer throughout the petitioning process. The employer is the petitioner and the outstanding researcher/professor is the beneficiary for the EB-1B process.
There are three (3) main requirements for someone seeking a petition as an “Outstanding Researcher/Professor”, including:
International recognition for being outstanding in a specific academic field;
No less than three years of relevant research or teaching experience: Research or teaching experience obtained while in pursuit of an advanced degree, such as a Ph.D., can be counted toward the three year requirement, but only if the applicant/professor has acquired the degree, and if the teaching duties were such that he or she had full responsibility for the class taught or if the research conducted toward the degree has been recognized within the academic field as outstanding. The applicant must document his/her work history with letters from current and/or former employers describing work duties and years of employment; and
A job offer for a permanent research position or a tenured or tenure-track teaching position from the sponsoring employer: Generally, the job offer is given by a university or other similar academic or scientific institution, but it can also be offered by a private employer. If the offer is from a private employer, the employer must have at least three full-time researchers along with accompanying documentation supporting their accomplishments within the field.
Dr. Strings has been offered a tenure track teaching position as an Associate Professor of Music at Berkeley. He is internationally recognized as an outstanding professor in the field of music education, and has been teaching and researching in this field for more than three years.
Dr. String qualifies as an ”Outstanding Professor” since he is internationally recognized within his field, has at least three years of relevant teaching experience, and has been offered a permanent teaching position.
Dr. Green has been working in the field of biomedicine for more than 10 years. She has been offered a permanent research position as a postdoc associate at Vanderbilt university. She has made original contributions to the field of bone density development, and professional articles (scholarly etc) have been published regarding her work. She is internationally recognized as an outstanding researcher in the field of biomedical science.
Dr. Green likely qualifies as an “Outstanding Researcher” since she has at least three years of relevant research experience, has been offered a permanent research position, and has an outstanding reputation within his field.
For the sake of clarification, a permanent job offer is one where the employee has a reasonable expectation of employment in the future. As a rule, but not always the case, all job offers are considered permanent job offers, with the exception of contract offers that specify a particular duration for employment
As with all employment-based first preference petitions, no Labor Certifications are required to obtain an EB-1B immigrant visa.
As an overview: To be recognized internationally as an Outstanding Researcher or Professor in one’s field requires at least two (2) of the following types of evidence:
Receipt of major prizes or awards for outstanding achievement.
Membership in associations which require outstanding achievements of their members.
Published material in professional publications written by others about the applicant’s work (more than merely citing the applicant’s work).
Participation as a judge (individually or as a part of a panel) evaluating the work of others in the same field or concentration.
Original scientific, scholarly, or artistic contributions in the field.
Evidence of authorship of scholarly books/articles in journals with an international circulation.